Austin police commander fired over sexual strangulation admission

Tony Plohetski @tplohetski

Thursday

Dec 20, 2018 at 4:39 PMDec 20, 2018 at 11:03 PM

An Austin police commander was fired Thursday after a lengthy investigation into allegations he choked a woman multiple times to a state of unconsciousness during what a disciplinary memo called “rough sex,” stirring a debate about the legality of his actions.

In a 17-page memo that included graphic details, Austin Police Chief Brian Manley said Cmdr. Jason Dusterhoft violated a multitude of Austin police policies in addition to his sexual contact with the woman, including associating with “prohibited persons” and not being honest during the investigation.

Dusterhoft’s attorney, Jason Nassour, released a lengthy statement blasting Manley’s choice to boot his client from the force.

“The decision to suspend Dusterhoft is based on Manley inserting himself into the private life and figuratively the bed of Dusterhoft to determine what should or shouldn’t happen behind closed doors,” the statement said.

Nassour wrote that Dusterhoft denies the allegations and will appeal.

The woman, identified only by a pseudonym in the disciplinary memo, reported to Austin police this summer that Dusterhoft assaulted her, touching off an investigation of one of the department’s highest-profile officials.

Dusterhoft previously served as an assistant chief, but Manley demoted him in 2017 while building his new executive team.

Much of the investigation focused on the assault claims from the woman, who met Dusterhoft on a telephone dating app, and whether their sexual behavior was a violation of the law or department policy.

Travis County prosecutors have previously said they do not plan to charge Dusterhoft.

RELATED: No charges for Austin police commander accused of assault

Dusterhoft has said all sexual contact between him and the woman was consensual.

However, Manley said it is his opinion that Dusterhoft violated Texas law by committing an aggravated assault and engaging in deadly conduct by strangling the woman.

The memo said even if the woman had agreed — the document included text messages between the two in which she appeared to affirm a desire to be strangled — Dusterhoft was still responsible for his actions that endangered her.

“Commander Dusterhoft’s reliance on the consent argument is legally incorrect,” the memo said. “Since strangulation is conduct that can threaten to inflict serious bodily injury, including brain damage, damage to the trachea and even death, (the woman) could not lawfully consent to being strangled.”

The memo also accused Dusterhoft of deleting information from his cellphone after he knew police were attempting to seize it as part of the investigation. The document said he purposefully left his phone at his ex-wife’s house “under the reasonable belief that the phone was likely the target of a search warrant.”

Nassour said his client deleted photos and videos of sexual relations with the woman not knowing the reason his phone was being sought. Nassour said Dusterhoft did not knowingly thwart a criminal or internal affairs investigation.

Manley also said Dusterhoft violated a department policy that officers must not associate with those involved in criminal activity. The memo said Dusterhoft socialized with a woman, including at the Yellow Rose cabaret, despite being told about her cocaine use and past criminal behavior.